ITC Blog: ITC 337 Update

Chief ALJ Luckern denied Complainant American GNC's motion for sanctions in Inv. No. 337-TA-738, Certain Components For Installation of Marine Autopilots With GPS or IMU.  American GNC sought sanctions against Respondent Navico for its alleged failure to provide discovery ordered by the ALJ in response to certain interrogatories.  The ALJ found that there was no prejudice to complainant, and that respondent had provided to requested for discovery, and complainant had received an opportunity to take discovery relevant to the information produced by Navico.

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Chief ALJ Luckern issued an order to show cause why two respondents, Koko Technology Ltd. and Cyclone Toy & Hobby, should not be found in default in Inv. No. 337-TA-763, Certain Radio Control Hobby Transmitters and Receivers and Products Containing Same.  The respondents failed to respond to the complaint by April 4, 2011 and the Chief ALJ has required both respondents to respond to the show cause order by May 12, 2011.

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On April 22, the Commission issued a final determination of no violation in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same, and terminated the investigation.  The Commission's final determination resulted from a February 23 determination to review ALJ Gildea's December 22, 2009 initial determination finding no violation of Section 337 by Respondents Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics, Inc. with respect to U.S. Patent No. 6,266,229.  The Commission did not review the ALJ's determination that there was no violation of the remaining two patents, U.S. Patent Nos. 6,014,309 and 6,243,254.

In its final determination, the Commission reversed the ALJ's finding that the '229 patent was not obvious over the asserted prior art, and found that the applicant admitted prior art did constitute prior art against the '229 patent.  A public version of the Commission's determination will be published shortly.  

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On April 18, ALJ Bullock issued an order setting the procedural schedule for Inv. No. 337-TA-764, Certain Digital Televisions And Components Thereof, And Certain Electronic Devices Having A Blu-Ray Disc Player And Components Thereof.  Fact discovery is scheduled to be completed by October 11, 2011 and summary determination motions must be filed by November 23, 2011.  Trial is scheduled to begin January 23, 2012 and end on February 3.  The initial determination is due no later than May 10, 2012.

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Disposing of an unopposed motion filed by complainants Apple Inc. and NeXT Software, Inc. ALJ Charneski issued an initial determination terminating the investigation as to certain claims in Inv. No. 337-TA-710, Certain Personal Data and Mobile Communications Devices and Related Software. The order removes eleven claims from the investigation. The eliminated claims are claims 17, 20 and 22 of U.S. Patent No. 5,946,647; claim 22 of U.S. Patent No. 6,275,983; claims 3 and 6 of U.S. Patent No. 6,343,263; claims 19, 20, and 21 of U.S. Patent No. 5,481,721; and claims 10 and 12 of U.S. Patent No. 5,566,337. The hearing in this investigation is scheduled to begin on April 18, 2011.

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ALJ Essex issued an order setting a target date of July 9, 2012, with an initial determination due by March 9, 2012 in Inv. No. 337-TA-762, Certain Strollers and Players. The Complainant in this investigation is Graco Children’s Products, Inc. and the Respondent is Baby Trend, Inc.

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ALJ Bullock issued an initial determination terminating respondent Warehouse-Lighting.com LLC from Inv. No. 337-TA-739,  Certain Ground Fault Circuit Interrupters and Products Containing the Same. The order issued in response to a joint motion filed by Warehouse Lighting.com and complainant Leviton Manufacturing. Co. Inc. to terminate the Investigation based on a consent order stipulation. The Commission Investigative Staff supported the motion.

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An initial determination of ALJ E. James Gildea terminated Inv. No. 337-TA-731, Certain Toner Cartridges and Components Thereof, in its entirety on April 8, 2011. The initial determination resulted from a joint filing of Complainants and Respondents to terminate the investigation by reason of a consent order stipulation.

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On April 6, 2011, ALJ Paul J. Luckern set a target date of April 9, 2012 to conclude Inv. No. 337-TA-763, Certain Radio Control Hobby Transmitters and Receivers and Products Containing the Same. The Complainant in this investigation is Horizon Hobby, Inc. and the Respondents include Koko Technology Ltd. and Cyclone Toy & Hobby.

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On April 6, 2011, an initial determination by ALJ Charles E. Bullock dismissed Respondent Sutherland Lumber of Kansas City, LLC from Inv. No. 337-TA-739, Certain Ground Fault Circuit Interrupters and Products Containing the Same. The initial determination resulted from a joint motion of Complainant and Sutherland to terminate the investigation based on a consent order stipulation. The investigation continues with regard to the other Respondents.

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On April 5, 2011, ALJ E. James Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-761, Certain Set-Top Boxes, and Hardware and Software Components Thereof. A target date of July 2, 2012 is set to conclude the investigation between Complainant Microsoft Corporation and Respondent Tivo, Inc.

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ALJ Robert K. Rogers, Jr. issued an order on April 4, 2011 that set the procedural schedule in Inv. No. 337-TA-766, Certain Gemcitabine and Products Containing the Same. The target date of July 23, 2012 is set to conclude the investigation between Complainant Eli Lilly and Company and Respondents Intas Pharmaceuticals, inc., Hospira, Inc., Jiangsu Hansoh Pharmaceutical Co., Ltd., and Chem Werth Inc.

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ALJ E. James Gildea issued an order on April 4, 2011 amending the target date and resetting the procedural schedule in Inv. No. 337-TA-747, Certain Products Containing Interactive Program Guide and Parental Controls Technology, due to the ongoing events in Japan. The new target date is set for August 13, 2012.

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ALJ Paul J. Luckern issued an Initial Determination on April 4, 2011 terminating Respondents Nokia Corp., Nokia, Inc., Research In Motion, Ltd. and Research In Motion Corp. from Inv. No. 337-TA-726, Certain Electronic Imaging Devices. This dismissal resulted from patent licensing and settlement agreements between the dismissed Respondents and Complainant FlashPoint Technology, Inc. The remaining Respondents in this investigation include HTC Corporation, HTC America, Inc., LG Electronics, LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.

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In Inv. No. 337-TA-709, Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras, ALJ Paul.J. Luckern issued the conclusions of law and order of his final initial determination finding no violation of Section 337. The initial determination, issued on April 4, 2011, concluded that Complainant Freescale Semiconductor, Inc. failed to show that the asserted claims of its patent were infringed by Respondents Funai Electric Co., Funai Corporation, Inc., Best Buy Purchasing, LLC, BestBuy.com, Inc., Best Buy Stores, L.P., and Wal-Mart Stores, Inc.

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On April 1, 2011, ALJ Paul J. Luckern adopted the parties’ proposed procedural schedule in Inv. No. 337-TA-565, Certain Ink Cartridges and Components Thereof. This schedule sets the hearing to occur on November 14th through 17th of 2011. The Complainants in this investigation are Epson Portland Inc., Epson America, Inc., and Seiko Epson Corporation. The Respondents are Ninestar Technology Co., Ltd. and Nine Star Technology Company, Ltd.

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On April 1, 2011, Ogma, LLC sent a letter to the ITC requesting the Commission to conduct an investigation under Section 3337 regarding Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. The proposed respondents are: Activision Blizzard Inc. of Santa Monica, California; Apple Inc. of Cupertino, California; Canon, Inc. of Japan; Canon USA, Inc. of Lake Success, NY; Seiko Epson Corporation of Japan; Epson America Inc of Long Beach, California; HTC Corporation of Taiwan; HTC America Inc of Bellevue, Washington; InFocus Corp of Portland, Oregon; Jakks Pacific, Inc of Malibu, California; Kyocera Communications, Inc. of San Diego, California; LEGO A/S dba LEGO Group of Denmark; LEGO Systems, Inc. of Enfield, Connecticut; Lenovo (United States), Inc of Morrisville, North Carolina; Lenovo Group Ltd. of China; Lenovo (Singapore) Pte. Ltd. of Singapore; Mad Catz, Inc. of San Diego, California; Motorola Mobility, Inc of Libertyville, Illinois; Nintendo Co., Ltd. of Japan; Nintendo of America Inc. of Redmond, Washington; Nyko Technologies Inc. of Los Angeles, California; Sanyo North America Corp. of San Diego, California; Sanyo Electric Co., Ltd. of Japan; Sanyo Electronic Devices (USA) of San Diego, California; Sharp Corporation of Japan; Sharp Electronics Corporation of Mahwah, New Jersey; Sony Computer Entertainment America, LLC of Foster City, California; Sony Corporation of Japan; Sony Corporation of America of New York, New York; Sony Electronics Inc., San Diego of California; Sony Ericsson Mobile Communications (USA) Inc of Atlanta, Georgia; Sony Ericsson Mobile Communications AB of Sweden; Vivitek Corporation of San Jose, California; VTech Electronic North America, LLC of Arlington Heights, Illinois; VTech Holdings Ltd of Hong Kong; ViewSonic Corp, Ltd of Walnut, California; WowWee Group Ltd of Hong Kong; and WowWee USA, Inc. of Carlsbad, California.

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On April 1, 2011, Kaneka Corporation sent a letter to the ITC requesting the Commission to conduct an investigation under Section 337 regarding Certain Polyimide Films, Products Containing the Same, and Related Methods. The proposed respondents are SKC Kolon PI, Inc. of South Korea and SKC Corporation of Covington, Georgia.

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